[HISTORY: Adopted by the Town Council of the Borough of West View as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-1991 by Ord. No. 1328 (Ch. 114, Art. I, of the 1977 Code)]
This article shall be known and referred to as the "Solid Waste Ordinance."
The following words and phrases, as used in this article, shall have the meanings ascribed herein, unless the context clearly indicates different meanings:
- ACT or ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
- AGRICULTURAL WASTE
- Poultry and livestock manure or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicutural and agricultural crops or commodities grown on what are usually recognized and excepted as farms, forests or other agricultural lands.
- BULKY WASTE
- Large items of solid waste, including but not limited to appliances, furniture, trees, branches or stumps which may require special handling due to their size, shape or weight.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
- CONSTRUCTION DEMOLITION WASTE
- All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
- The Pennsylvania Department of Environmental Protection.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
- DOMESTIC WASTE or HOUSEHOLD WASTE
- Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
- Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, copartnership, association or corporation who has been licensed by the municipality or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in the Act, which, because of its quantity, concentration or physical, chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- The Borough of West View, Allegheny County, Pennsylvania.
- MUNICIPAL WASTE
- Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. "Processing facilities" include but are not limited to transfer facilities, composting facilities and resource recovery facilities.
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term residual waste shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
- All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, plastic, wood and yard cleanings.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
- SEWAGE TREATMENT RESIDUES
- Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
- TRANSFER STATION
- Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
- The off-site removal of any solid waste at any time after generation.
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to:
Accumulate or permit to accumulate upon any public or private property within the municipality any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
Burn any solid waste within the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
Dispose of any solid waste in the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
Haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license to do so in accordance with the provisions of this article.
Scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior approval by the municipality.
Salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
Throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water or public or private property within the municipality except as provided in this article.
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
Any person storing municipal waste for collection shall comply with the following preparation standards.
All municipal waste shall be drained of free liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles, provided that trees and brush are less than six inches in diameter and shall be cut into lengths not over four feet.
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof and rodentproof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences shall have a maximum capacity of 40 gallons.
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection and shall have a capacity of not more than 40 gallons.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
Reusable containers shall be kept in a sanitary conditions at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
Containers shall be used and maintained so as to prevent public nuisances.
Containers that do not conform to the standard of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the municipality or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times.
Bulk waste items such as furniture, machinery and appliances shall be stored in a manner that will prevent the accumulation of collection of water, the harborage of rodents, safety hazards and fire hazards.
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the municipality.
The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than four units.
All households and homeowners shall utilize the residential collection service provided by the municipality unless they can demonstrate that they have made alternate arrangements that are consistent with this article and approved by the municipality.
All multifamily residential sources [with four or more units], commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the municipality's collector or any other properly licensed waste hauler of their choice.
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the municipality's collector and payment of any required special fees.
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Saturday, between the hours of 6:00 a.m. and 6:00 p.m. or unless prior approval or any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
All licensed haulers and haulers under contract with the municipality shall comply with the following standards and regulations:
All municipal waste collected within the municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan 1990 or on subsequent revisions thereto.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
The governing body of the municipality shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system or for the contracting of such service to a private collector.
Annual fee schedules shall be published by the municipality on any competitively bid residential collection service contract that may be awarded by the municipality.
The municipality or its authorized agent shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers or an authorized agent shall be responsible for the collection of any collection and disposal fees from multifamily, commercial, institutional and industrial customers.
The municipality may petition the Allegheny County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not less than $100 nor more than $1,000 or, in default of payment of such fine, then by imprisonment for a period of not more than 30 days. Each day of violation shall be considered a separate and distinct offense.
[Adopted 6-12-1991 by Ord. No. 1327 (Ch. 114, Art. II, of the 1977 Code)]
The short title of this article shall be the "Borough of West View Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
- Empty, all-aluminum beverage or food cans.
- ANNUAL LICENSING PERMIT
- Any hauler or private collector who is authorized by person(s) of multifamily, commercial, municipal and institutional establishments to collect recyclable material shall be required to obtain an annual permit from the municipality. Applications shall be made on forms supplied by the municipality. The municipality shall charge an annual licensing permit fee in such amounts as the Town Council of the municipality shall, from time to time, mandate by resolution duly adopted. Said hauler shall supply information concerning its customers and volume of recyclable items collected.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel- or tin-coated food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
- HAULER or PRIVATE COLLECTOR
- The entity or entities authorized by the municipality to collect recyclable materials from residences or authorized by multifamily, commercial, municipal and institutional establishments that do not receive collection services from the municipality to collect recyclable materials from those properties. (See "annual licensing permit.")
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- LEAD ACID BATTERIES
- Includes but shall not be limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals (colored prints or glossy). Expressly excluded are all other paper products of any nature whatsoever.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
- The Borough of West View.
- MUNICIPAL WASTE
- Any garbage, refuse or industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
- Owners, lessees and occupants of residences and multifamily, commercial, municipal and institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers.
- RECYCLABLE MATERIALS
- Materials generated by residences and multifamily, commercial, municipal and institutional establishments which are specified by the municipality and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the municipality or specified in future revisions to Act 101. The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality.
- Any occupied single- or multifamily dwellings having up to three dwelling units per structure for which the municipality provides municipal waste collection service.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
The municipality hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all multifamily, commercial, municipal and institutional establishments located in the municipality for which waste collection is provided by the municipality or any other hauler or private collector. Collection of the recyclable materials shall be made at least once per month by the municipality, its designated agent or any other solid waste hauler or private collector operating in the municipality who is authorized and has obtained the annual licensing permit to collect recyclable materials from residences or from multifamily, commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Specific program regulations are provided as an attachment to this article. The Town Council of the Borough of West View is empowered to make changes to program regulations as necessary, as described in § 236-18. Subsequent changes in the program regulations may be made through approval of the Town Council of the Borough of West View and public notice and notification of all affected parties.
Editor's Note: Said regulations are on file in the Borough offices.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
All persons within the Borough of West View shall separate all of those recyclable materials designated by the municipality from all other municipal waste produced at their properties, store such materials for collection and shall place the same for collection in accordance with the guidelines established hereunder.
Residences. Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the municipality for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the municipality and shall be used only for the collection of recyclable materials. Any resident who moves within or from the municipality shall be responsible for returning the allocated container(s) to the municipality or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with four or more units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
If recyclable materials are collected by a hauler or private collector other than the municipality or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the municipality reporting the tonnage of materials recycled during the previous year. This requirement may be fulfilled by submission of a letter or form (report) from the hauler or private collector which certifies the tonnage of materials recycled during the previous year. The reports are required to be submitted to the municipality on or before January 31 for the previous year.
The materials to be recycled and the collection of the recyclable material from residences and multifamily properties shall be designated periodically by resolution from time to time by the Town Council of the municipality, duly adopted.
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residences and multifamily properties for collection unless those persons have otherwise provided for composting of leaf waste.
Commercial, municipal and institutional establishments and community activities.
Persons of commercial, municipal and institutional establishments and community activities must separate recyclable materials, high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by resolution from time to time by the Town Council of the Borough of West View generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection.
If recyclable materials are collected by a hauler or private collector other than the municipality or its authorized agent, occupants of said establishments shall submit an annual report to the municipality reporting the tonnage of materials recycled during the previous calendar year. This requirement may be fulfilled by submission of a letter or form from the hauler or private collector which certified the tonnage of materials recycled during the previous year. The reports are required to be submitted to the municipality on or before January 31 for the previous year.
All employees, users (patrons) and residents of commercial, municipal and institutional establishments must be informed of the recycling program. The education program should describe the program's features and requirements and should include, at a minimum, an annual program meeting and an orientation to the program upon the arrival of a new employee or resident. Receptacles should be clearly marked with the recycling symbol and the type of recyclable material that is to be placed in the receptacle, and signs should be prominently displayed stating the requirements of the program.
All recyclable materials placed by persons for collection by the municipality or authorized hauler or private contractor pursuant to this article shall, from time of placement at the curb or similar location, become the property of the municipality or the authorized hauler or private collector, except as otherwise provided by § 236-16 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the person who generates the materials unless and until such materials are placed at the curbside or similar location for collection.
It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Town Council or other entity responsible for collection of recyclable materials, to collect recyclable materials placed by residences or multifamily, commercial, municipal and institutional establishments for collection by the municipality or an authorized hauler or private collector unless such person, firm or corporation obtains an annual licensing permit and has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or multifamily, commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Town Council of the Borough of West View or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by the hauler or private collector of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.
The municipality is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by multifamily, commercial, municipal and institutional establishments.
Establishing collection procedures for recyclable materials.
Establishing reporting procedures for amounts of materials recycled.
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules for the collection of leaf waste.
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution for each and every offense.
The municipality reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 236-18.